BILL NUMBER: AB 1867	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2016

INTRODUCED BY   Assembly Member Steinorth

                        FEBRUARY 10, 2016

   An act to amend  Sections 1452, 1453, and 1530 
 Section 452.5  of the Evidence Code, relating to evidence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1867, as amended, Steinorth. Evidence:  admissibility:
writings.   judicial notice: official records of
conviction.  
   Existing law authorizes judicial notice to be taken of certain
matters, including the official acts of state and federal
legislative, executive, and judicial departments and the records of
any state or federal court. Existing law provides that a certified
official record of conviction, or an electronically digitized copy of
that record, is admissible to prove, among other things, the act,
condition, or event recorded by the record. Existing law defines
"electronically digitized copy" as a copy (1) made by scanning,
photographing, or otherwise exactly reproducing a document, (2)
stored or maintained in a digitized format, and (3) bearing an
electronic signature or watermark unique to the entity responsible
for certifying the document.  
   This bill would additionally include as an "electronically
digitized copy" a copy that, rather than bearing an electronic
signature or watermark unique to the entity certifying the document,
was transmitted by a superior court clerk in a manner showing that
the copy was prepared and transmitted by that superior court clerk.
 
   Existing law requires a writing to be authenticated before it can
be received in evidence. Existing law defines authentication of a
writing as the introduction of evidence sufficient to sustain a
finding that it is the writing that the proponent of the evidence
claims it is or the establishment of such facts by any other means,
as provided. Under existing law a seal is presumed to be genuine and
its use authorized if it purports to be the seal of certain entities
including, among other, the United States or a department, agency, or
public employee of the United States.  
   This bill would provide that this presumption applies to a
scanned, electronically stored, faxed, photocopied, or other
duplicate of a seal.  
   Under existing law a signature is presumed to be genuine and
authorized if it purports to be the signature, affixed in his or her
official capacity of a public employee of the United States, a public
employee or any public entity in the United States, or a notary
public within any state of the United States.  
   This bill would provide that this presumption applies to a
scanned, electronically stored, faxed, photocopied, or other
duplicate of a signature.  
   Under existing law a purported copy of a writing in the custody of
a public entity, or of an entry in such a writing, is prima facie
evidence of the existence and content of such writing or entry if,
among other things, the office in which the writing is kept is within
the United States or other specified territory, and the copy is
attested or certified as a correct copy of the writing or entry by a
public employee or a deputy of a public employee, having the legal
custody of the writing.  
   This bill would provide that this presumption applies to a
scanned, electronically stored, faxed, photocopied, or other
duplicate of an attested or other certified correct copy of a writing
or entry. The bill would also make technical, nonsubstantive changes
to these provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 452.5 of the  
Evidence Code   is amended to read: 
   452.5.  (a) The official acts and records specified in
subdivisions (c) and (d) of Section 452 include any
computer-generated official court records, as specified by the
Judicial  Council which   Council, that 
relate to criminal convictions, when the record is certified by a
clerk of the superior court pursuant to Section 69844.5 of the
Government Code at the time of computer entry.
   (b) (1) An official record of conviction certified in accordance
with subdivision (a) of Section 1530, or an electronically digitized
copy thereof, is admissible under Section 1280 to prove the
commission, attempted commission, or solicitation of a criminal
offense, prior conviction, service of a prison term, or other act,
condition, or event recorded by the record.
   (2) For purposes of this subdivision, "electronically digitized
copy" means a copy that is made by scanning, photographing, or
otherwise exactly reproducing a document, is stored or maintained in
a digitized format, and  bears an electronic signature or
watermark unique to the entity responsible for certifying the
document.   meets either of the following requirements:
 
   (A) The copy bears an electronic signature or watermark unique to
the entity responsible for certifying the document.  
   (B) The document that is copied is an official record of
conviction, certified in accordance with subdivision (a) of Section
1530, that is transmitted by the clerk of the superior court in a
manner showing that the copy was prepared and transmitted by that
clerk of the superior court. A seal, signature, or other indicia of
the court shall constitute adequate showing.  
  SECTION 1.    Section 1452 of the Evidence Code is
amended to read:
   1452.  (a) A seal is presumed to be genuine and its use authorized
if it purports to be the seal of:
   (1) The United States or a department, agency, or public employee
of the United States.
   (2) A public entity in the United States or a department, agency,
or public employee of such public entity.
   (3) A nation recognized by the executive power of the United
States or a department, agency, or officer of such nation.
   (4) A public entity in a nation recognized by the executive power
of the United States or a department, agency, or officer of such
public entity.
   (5) A court of admiralty or maritime jurisdiction.
   (6) A notary public within any state of the United States.
   (b) The presumption set forth in subdivision (a) applies to a
scanned, electronically stored, faxed, photocopied, or other
duplicate of a seal.  
  SEC. 2.    Section 1453 of the Evidence Code is
amended to read:
   1453.  (a) A signature is presumed to be genuine and authorized if
it purports to be the signature, affixed in his or her official
capacity, of:
   (1) A public employee of the United States.
   (2) A public employee of any public entity in the United States.
   (3) A notary public within any state of the United States.
   (b) The presumption set forth in subdivision (a) applies to a
scanned, electronically stored, faxed, photocopied, or other
duplicate of a signature.  
  SEC. 3.    Section 1530 of the Evidence Code is
amended to read:
   1530.  (a) A purported copy of a writing in the custody of a
public entity, or of an entry in such a writing, is prima facie
evidence of the existence and content of such writing or entry if any
of the following apply:
   (1) The copy purports to be published by the authority of the
nation or state, or public entity of the nation or state in which the
writing is kept.
   (2) The office in which the writing is kept is within the United
States or within the Panama Canal Zone, the Trust Territory of the
Pacific Islands, or the Ryukyu Islands, and the copy is attested or
certified as a correct copy of the writing or entry by a public
employee, or a deputy of a public employee, having the legal custody
of the writing. The presumption set forth in this paragraph applies
to a scanned, electronically stored, faxed, photocopied, or other
duplicate of an attested or other certified correct copy of a writing
or entry.
   (3) The office in which the writing is kept is not within the
United States or any other place described in paragraph (2) and the
copy is attested as a correct copy of the writing or entry by a
person having authority to make attestation. The attestation must be
accompanied by a final statement certifying the genuineness of the
signature and the official position of (A) the person who attested
the copy as a correct copy or (B) any foreign official who has
certified either the genuineness of the signature and official
position of the person attesting the copy or the genuineness of the
signature and official position of another foreign official who has
executed a similar certificate in a chain of such certificates
beginning with a certificate of the genuineness of the signature and
official position of the person attesting the copy. Except as
provided in the next sentence, the final statement may be made only
by a secretary of an embassy or legation, consul general, consul,
vice consul, or consular agent of the United States, or a diplomatic
or consular official of the foreign country assigned or accredited to
the United States. Before January 1, 1971, the final statement may
also be made by a secretary of an embassy or legation, consul
general, consul, vice consul, consular agent, or other officer in the
foreign service of the United States stationed in the nation in
which the writing is kept, authenticated by the seal of his or her
office. If reasonable opportunity has been given to all parties to
investigate the authenticity and accuracy of the documents, the court
may, for good cause shown, (A) admit an attested copy without the
final statement or (B) permit the writing or entry in foreign custody
to be evidenced by an attested summary with or without a final
statement.
   (b) The presumptions established by this section are presumptions
affecting the burden of producing evidence.